Resources
Humanitarian Space: A Review of Trends and Issues
The Overseas Development Institute’s Humanitarian Policy Group released a report on April 30, 2012 that challenges widespread assumptions within civil society that humanitarian space is shrinking. After reviewing the history of humanitarian action and governments’ role in humanitarian crises from the Cold War to the present, Humanitarian Space: a review of trends and issues dives into the “reality and complexity of the humanitarian endeavor” and concludes that political and military sectors have “ultimate responsibility for ensuring respect for humanitarian principles,” and that the humanitarian organizations’ role is to push them to fulfill their obligations. To succeed, the report says humanitarian organizations must think strategically and “capitalize on existing political processes…”
What is the Financial Action Task Force and Why Nonprofits Should Care?
The Financial Action Task Force (FATF) is an intergovernmental policy making body that sets anti-terrorist financing and anti-money laundering standards, including recommended regulations for the nonprofit sector, used by 180 countries. The FATF is a voluntary organization without any enforcement capability, and its recommendations do not constitute a binding international obligation. However, the FATF pressures countries to adopt its standards, including a sweeping range of criminal and financial laws and regulatory practices. In some countries these new rules are used to buttress repressive regimes and restrict the political and humanitarian space in which nonprofits operate.
CRS Report Sheds Light on Aid to Pakistan
The massive surge of American government aid to Pakistan since 9/11 has become a contentious issue in Washington. Some view the billions of dollars in aid as the price for protecting U.S. national security interests, while others argue that it is too high of a cost during times of budgetary belt-tightening. An April 2012 Congressional Research Services (CRS) report, Pakistan: U.S. Foreign Assistance, does not settle the debate, but does provide history, financial figures and context to one of America’s most controversial and complicated relationships.
Track II Diplomacy: Laying the Groundwork for Peace
To achieve peace in today’s complex conflicts, Track II peacebuilding efforts are becoming increasingly important. The most famous of these produced the Oslo accords in 1993. Highlighting the importance of Track II activities, the United states Institute of Peace (USIP) has published, Conducting Track II Peace Making. Written for both Track I and Track II practitioners, this handbook explains the different stages of Track II activities, from assessment and planning to implementation and evaluation. Track II activities typically involve reputable academic, religious, and NGO leaders and other civil society actors experienced in conflict mediation or other areas of social and political expertise.
Deadly Combination: Disaster, Conflict and the U.S. Material Support Law
National security measures in the U.S. negatively impact the speed and mobility of humanitarian relief in the wake of disasters. Deadly Combination: Disaster, Conflict and the U.S. Material Support Law by the Charity & Security Network considers two cases: The 2011 famine in Somalia and the summer 2010 floods in Pakistan. In both cases, by giving priority to military objective, the U.S. impaired effective aid delivery by humanitarian organizations, exacerbating the hardship caused by disasters.
The politicization of disaster response in conflict zones obstructs timely and effective aid delivery and also jeopardizes the safety of aid workers. The current U.S. government response to disasters occurring alongside terrorist organizations is, at best, a 'wink and nod' gesture that allows for limited access for humanitarian groups (and no legal protections) and, at worst, a blanket ban on any humanitarian operation.
Governments Not the Only Major Players in Global Assistance
Private philanthropy and remittances to the developing world now dwarf official government aid to many developing countries, according to the 2012 Index of Global Philanthropy and Remittances. Robust financial flows of all types are “rewriting the rules of the game about how to achieve sustainable reductions in poverty.” In 2010, the nearly $39 billion in private philanthropy from charities, foundations, corporations, and universities given to developing countries “exceeded U.S. official government aid by almost $9 billion.”
Private Funding: An Emerging Trend in Humanitarian Giving
At a time when many government donor budgets are feeling the squeeze from the economic crisis, the levels of private contributions to humanitarian groups are showing no such signs. According to an April 2012 report from Global Humanitarian Assistance, Private funding: An emerging trend in humanitarian donorship, nearly a quarter (24%) of the international humanitarian response from 2006 to 2010 came from private contributions, amounting to at least US$18 billion. NGOs have been the main recipients for this support.
Litigation Overview
Humanitarian Law Project (HLP)
- Summary of the Supreme Court’s Ruling in Humanitarian Law Project: Provision of Advocacy and Training in Nonviolent Peaceful Conflict Resolution Violates Terrorism Material Support Laws
- Holder v. Humanitarian Law Project: Addressing the Impact of Material Support Laws on Peacebuilding Programs
- More on HLP, material support and more available here….
KindHearts for Charitable and Humanitarian Development, Inc. (KindHearts)
- Favorable Settlement in Case of Shut Down Charity KindHearts NEW
- KindHearts Case Timeline (UPDATED)
- KindHearts, Government To Settle Case Challenging Process to Shutter Charity
- Court Announces Unprecedented Remedy for Constitutional Violations of U.S. Charity KindHearts
- KindHearts v. Treasury: Successfully Challenging the Constitutionality of Treasury Shutting Down a Charity
- Summary of KindHearts Ruling Requiring Due Process and Probable Cause to Shut Down Charities
- Nonprofits' Friend of the Court Brief in KindHearts Case Supports Due Process
- KindHearts Ruling Exposed Treasury Department's Unconstitutional Freezing of Muslim Charity Assets
Holy Land Foundation (HLF)
- Defendants Denied Rehearing
- Holy Land Foundation and its Leaders Petition for Re-hearing on Dismissal of their Appeal
- Summary: The Fifth Circuit’s Holy Land Foundation Decision
- Court Denies Appeal of Holy Land Foundation and Leaders
- Holy Land Prosecutor Contradicts Rep. King's Unnamed Source
- Summary: Courts Rule Publication of Unindicted Co-conspirator List in Holy Land Case Violated Due Process Rights
- Holy Land Foundation Appeal Reveals Gaps in Law
- Heavy Sentences in Holy Land Case Send Chilling Message to NGOs
- Exhibits from the Second HLF Trial
- Conviction of Holy Land Foundation Raises Questions and Concerns for NGOs
- Holy Land Jury Deliberates on when Aid Becomes Support of Terrorism
- Government Ordered to Pay $2.5 million for Illegal Wiretap of Charity and its Lawyers
- Summary of Decision in Al-Haramain v Obama (March 2010) Says U.S. Charity's Phones Were Illegally Wiretapped
- Al-Haramain Proposes U.S. Pay Damages for Illegal Surveillance to Another Charity
- Ninth Circuit Denies Government Re-Hearing Request in Al-Haramain Due Process Case
- Appeals Court Finds Treasury's Procedures in Shutting Down Charity Unconstitutional
- Al Haramain v. Treasury: Successful Constitutional Challenge to Unlimited Treasury Power to Shut Down Charities
Al-Haramain (Oregon) & Pete Seda
- Pete Seda Begins Prison Term; Appeal Pending
- Al-Haramain Islamic Foundation of Oregon v. Treasury: Summary of Ninth Circuit Court of Appeals Ruling that Treasury's Listing Procedures are Unconstitutional
- Charity Leader Sentenced to 33 Months for Tax Evasion
- Judge: No New Trial for Seda
- Request for More Evidence of Prosecution Misconduct in Seda Case Denied
- Charity Leader Released as FBI Evidence Tampering Becomes Issue in Case
- Prosecutors Admit Failure to Turn Over Key Documents to Former Al Haramain Leader, Seda
- Oregon Charity Leader Convicted of Tax Charges
Kadi
Care International
- Defendant Petitions U.S. Supreme Court
- Convictions Reinstated for Boston Charity Officials
- Judge Hears Care Appeal in Tax Case
- Convictions Based on Publications Raise Questions for NGOs
- Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders
Child Foundation
Chiquita Banana
The Kadi Case: Court Decisions on Due Process for Terrorist Listing Differ in EU, U.S.
Yassin A. Kadi, a businessman and citizen of Saudi Arabia, purused court challenges to being placed on terrorist lists in the European Union (EU) and United States (U.S.). The process and standards used by the EU and U.S. courts differ substantially, leading to different results: the EU courts have ruled the EU listing process lacks fundamental protections, violating EU human rights standards, while the U.S. courts rejected Kadi's constitutional claims.
